Calcutta High Court

MAT/1227/2025 of SHILPI GHOSH Vs STATE OF WEST BENGAL AND ORS. on 19 August 2026

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Item No. 20. Court No. 13 ap M.A.T. 1227 of 2025 With I.A. No. CAN 1 of 2025 Shilpi Ghosh Versus The State of West Bengal & Ors. Mr. Sudipta Dasgupta, Mr. Saikat Sutradhar. …For the appellant. Mr. Ratul Biswas, Mr. Kaushik Chowdhury. …For the WBBPE. 1. The instant intra

19.08.2026.

Item No. 20.

Court No. 13

ap

M.A.T. 1227 of 2025

With

I.A. No. CAN 1 of 2025

Shilpi Ghosh

Versus

The State of West Bengal & Ors.

Mr. Sudipta Dasgupta,

Mr. Saikat Sutradhar.

…For the appellant.

Mr. Ratul Biswas,

Mr. Kaushik Chowdhury.

…For the WBBPE.

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1. The instant intra court appeal is directed against the judgment and order dated 29th April, 2025 passed by a learned Single Judge of this Court in W.P.A. 8686 of 2025.

2. By the impugned order, the learned Single Judge refused to interfere with the respondents’ stand that the petitioner’s application for transfer was premature since she has not completed five years of service.

3. This Court has held in several cases, inter alia, in Minhajuddin – Vs. – The State of West Bengal & Ors. passed in M.A.T. 1342 of 2025 vide order dated 24th July, 2026 that an application for transfer on medical grounds does not require completion of five years of service since the medical condition can occur at any point of time.

4. Having regard to the above, the impugned judgment and order shall stand set aside.

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5. The petitioner, who has now been confirmed and has completed two years of service, shall be entitled to make an application afresh in Utsashree Portal, which is now opened or offline in the event the Portal is disrupted, which shall be considered by the respondents strictly in terms of the applicable Rules and following hierarchy and the requirements at each stage.

6. With the aforesaid observations, M.A.T. 1227 of 2025 is allowed and disposed of.

7. In view of disposal of the appeal itself, the connected application being CAN 1 of 2025 is also disposed of.

8. There will be no order as to costs.

9. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)

(Anuj Singh, J.)

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